Potts v. Coleman
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. Tbis action was brought by Sumner A. Potts, Isaac Hudson and others, against Thomas H. Coleman, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 1st May, 1872. The tract of land contained 1116.85 acres, consisting of section fifteen (15), and parts of sections fourteen (14), eleven (11), and twenty-two (22), in township twenty (20),…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. Tbis action was brought by Sumner A. Potts, Isaac Hudson and others, against Thomas H. Coleman, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 1st May, 1872. The tract of land contained 1116.85 acres, consisting of section fifteen (15), and parts of sections fourteen (14), eleven (11), and twenty-two (22), in township twenty (20), range three (3) east; but the defense was limited to about 700 acres of the tract, and a disclaimer was entered as to the…
1Opinion of the CourtSomerville, J.
1. We can perceive no objection to the admissibility in evidence of the power of attorney made by Isaac Hudson to Duncan, bearing date December 30th, 1859. It relates to a part of the land in controversy, showing authority for its conveyance to the vendees whenever they paid the remainder of the purchase-money. Its relevancy was not destroyed or impaired by the fact that it did not embrace the entire tract. — Green v. Jordan, 83 Ala. 220.
*1002. The possession by H. W. Coleman of the first note due E. M. Hudson by Roberts was prima facie evidence of its payment, either by him or by the maker, in…
2Cases cited10 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Webb v. MullinsSupreme Court of Alabama · 1884
- Green v. JordanSupreme Court of Alabama · 1887
- Memphis & Charleston Railroad v. MaplesSupreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Allen v. ScruggsSupreme Court of Alabama · 1914
- Laster v. BlackwellSupreme Court of Alabama · 1900
- Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
- Wiggins v. Stapleton Baptist ChurchSupreme Court of Alabama · 1968
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
15 more not listed; retrieve them via the Exa API.